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2026 DAILYLAW 21808 (CHH)

SHIV MOHLE v. STATE OF CHHATTISGARH

WPC/2898/2026 · 2026-06-15

Shri Amitendra Kishore Prasad

body2026

Judgment text

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1 2026:CGHC:23947 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2898 of 2026 1 - Shiv Mohle S/o Mehtaru Aged About 37 Years R/o Village Rahangi Tehsil Bodri District Bilaspur C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Secretary Department Of Chhattisgarh Revenue And Disaster Management Mahanadi Bhawan Nava Raipur District Raipur C.G. 2 - Collector Bilaspur District Bilaspur C.G. 3 - Sub Divisional Office Bilha District Bilaspur C.G. 4 - Tahsildar Bodri District Bilaspur C.G. 5 - Gram Panchayat Rahangi Through Its Secretary Tahsil Bodri District Bilaspur C.G. ... Respondent(s) For Petitioner(s) : Ms. Chetna Sharma, Advocate. For Respondent(s)/State : Mr. S. S. Choubey, G.A. RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 16/06/2026 1. By way of this petition, the petitioner has prayed for following reliefs:- “I. Hon'ble Court may be pleased to call for entire record pertaining to the case of the petitioner. II. Hon'ble Court may be pleased to set aside the impugned eviction notice dated 04.05.2026 (Annexure P/1) issued by respondent no. 4 by issuance of writ/wits, order/orders, direction/directions. III. Hon'ble Court may be pleased to direct the respondent authorities to pass an appropriate order for rehabilitation in the favour of petitioner while considering application submitted by the petitioner before respondent authorities. IV. Hon'ble Court may be pleased to pass an appropriate direction to the Respondent No.3 to decide pending appeal expeditiously within stipulated time frame. V. Pass any other order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.” 2. Learned counsel for the petitioner submits that the petitioner has already preferred a statutory appeal before the Sub-Divisional Officer (Revenue), Bilha on 14.05.2026 challenging the impugned proceedings. Along with the said appeal, the petitioner has also 3 filed an application under Section 52 of the Chhattisgarh Land Revenue Code seeking grant of an interim stay. It is submitted that although the appeal as well as the stay application are pending consideration before the competent appellate authority, no order has yet been passed thereon and the matter has merely been adjourned to the next date of hearing. It is, therefore, prayed that appropriate protection be granted to the petitioner till the stay application is decided by the appellate authority. 3. On the other hand, learned counsel appearing for the State opposes the prayer made on behalf of the petitioner and submits that the matter is pending before the competent appellate authority, where the petitioner has already availed the statutory remedy. 4. Having heard learned counsel for the parties and having perused the material available on record and to the facts and circumstances of the case, and particularly considering that the petitioner's application for grant of interim stay filed under Section 52 of the Chhattisgarh Land Revenue Code is pending consideration before the Sub-Divisional Officer (Revenue), Bilha, this Court is of the opinion that the ends of justice would be served by disposing of the present writ petition with a direction that the respondent authorities shall not take any coercive action against the petitioner until the application for interim stay preferred under Section 52 of the Chhattisgarh Land Revenue Code is decided by the competent appellate authority, in accordance with 4 law. The concerned appellate authority is also expected to consider and decide the said application expeditiously, strictly in accordance with law. 5. With this observation and direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat